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Kanhaiya’s Bail Orders Reveal How Our Courts Are Also Influenced By The Government

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By Geetika Arora:

Source: Facebook.

After the last two weeks, when most of my days were spent reading and watching everything on how the proud army of chimps (with due respect to the apes as they are quite similar, genetically, to us) screwing every bit of the peace left in our country, today, for a change, had a great start. I was at a friend’s place and his seven-month-old daughter woke me up. What a pleasant morning it was! Deep down I was relieved that he doesn’t get a newspaper. I did not want to think about Jawaharlal Nehru University or loud, useless speeches of drama queens in Parliament and everything else that had been disturbing me. I had an amazing time playing with the cute little girl. Looking at her shunned my cynicism and I was sort of happy. It was a happiness that comes from the inherent hopefulness we carry within, as humans, as a life form.

After a relatively productive day, I came back home and was sitting with my cup of tea almost over when my flatmate entered with a bang asking me if I knew what had happened. I was told that people had gone nuts! I was all ears. Instantly, she shared the news about the bail order. Well, sadly the story gets as ‘filmi’ as it can from here on. As if the drama queen currently raising the TRPs for various channels wasn’t enough, our judicial system has also started singing a similar tune! I am a little confused. My school civics textbook said that the Judiciary was independent of the Legislative in this country. The old score from the late 60s aids Kanhaiya Kumar’s bail order in winning the award for the most lyrical judgement as the judge penned it down using an ultra-patriotic song from a film made in what was still a very young ‘India’. It was a we-are-the-best-and-west-kinda-sucks patriotism.

Well, what came after was rather shocking. The story of our judiciary ass licking the government had just begun! The order goes on to hint that JNU students are infected and that this malicious infection is getting uncontrollable and virulent. With some audacity, it states that “if the infection results in infecting the limb to the extent that it becomes gangrene, amputation is the only treatment.” I do not know how to express what I felt at that moment. I did not know how to react. I was dumbstruck and agitated. I could feel my blood boiling! At that very moment, I was also surprised and sad to see myself so enraged so suddenly. The moment I see Smriti Irani on my screen I pounce to throw her out of my window as she has now become the face of a tickhead government for me, one that cons people and is ready to behead and shoot in the parliament and courts.

“Sorry, say it again! Which era am I living in?” I was yapping to myself while my mind sensed a feeling of utter darkness. I began to wonder if I had gotten into a space-time machine and travelled to an alternate version of the Dark Ages. The times of Dogma, when the idea of God was more powerful than the idea of Humane, when not liking pork meant you weren’t faithful to the Church and could be put to Question (torture till confession, unless God came to your aid) without any consideration. Only here, in this version, eating beef could get you lynched by a mob. Countering mainstream narratives of sura and asura (which is wrongly translated as gods and demons) could get you being referred to as infected. And you could be amputated for questioning a capital punishment as a judicial murder because of the way the order was executed. I couldn’t figure out where I was. My cell phone said it was March 3, 2016, India.

Zooooop! That takes me to another place in the lobes of my head! It is called India, a democratic country with a constitution that gives its people certain fundamental rights. It’s a place where my artist friends do not self-censor their work as they are not scared to paint, write, draw and post what they feel and think. A place where people just eat what they like while respecting each others’ language, religious sentiments, cultural heritage and values and aren’t scared to store meat in their fridge. Where the fear of cyber lynching doesn’t prevent a Shruti Seth from tweeting about propagandist, ineffective ways of the government. Where people are not judged, burnt and lynched on the basis of their skin colour or race.

Tak takk…tak takk takk…I hear a knock. Someone is calling me a utopian already.

I recently read Franz Kafka’s ‘The Trial’. I think I am now beginning to make a lot more sense of it. To quote him:

“One must lie low, no matter how much it went against the grain, and try to understand that this great organization remained, so to speak, in a state of delicate balance, and that if someone took it upon himself to alter the dispositions of things around him, he ran the risk of losing his footing and falling to destruction, while the organization would simply right itself by some compensating reaction in another part of its machinery – since everything interlocked – and remain unchanged, unless, indeed, which was very probable, it became still more rigid, more vigilant, severer, and more ruthless.”

Signing off now. Wondering what is in store for that wonderful face that woke me up that morning. Shall we paint everything black? Oh, but sadly, I heard black has been monopolised.

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  1. Jivtesh

    Loved your post! Very well written, you took us on a journey and back on why sharing this information is so important. Keep writing.

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An ambassador and trained facilitator under Eco Femme (a social enterprise working towards menstrual health in south India), Sanjina is also an active member of the MHM Collective- India and Menstrual Health Alliance- India. She has conducted Menstrual Health sessions in multiple government schools adopted by Rotary District 3240 as part of their WinS project in rural Bengal. She has also delivered training of trainers on SRHR, gender, sexuality and Menstruation for Tomorrow’s Foundation, Vikramshila Education Resource Society, Nirdhan trust and Micro Finance, Tollygunj Women In Need, Paint It Red in Kolkata.

Now as an MH Fellow with YKA, she’s expanding her impressive scope of work further by launching a campaign to facilitate the process of ensuring better menstrual health and SRH services for women residing in correctional homes in West Bengal. The campaign will entail an independent study to take stalk of the present conditions of MHM in correctional homes across the state and use its findings to build public support and political will to take the necessary action.

Saurabh has been associated with YKA as a user and has consistently been writing on the issue MHM and its intersectionality with other issues in the society. Now as an MHM Fellow with YKA, he’s launched the Right to Period campaign, which aims to ensure proper execution of MHM guidelines in Delhi’s schools.

The long-term aim of the campaign is to develop an open culture where menstruation is not treated as a taboo. The campaign also seeks to hold the schools accountable for their responsibilities as an important component in the implementation of MHM policies by making adequate sanitation infrastructure and knowledge of MHM available in school premises.

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Harshita is a psychologist and works to support people with mental health issues, particularly adolescents who are survivors of violence. Associated with the Azadi Foundation in UP, Harshita became an MHM Fellow with YKA, with the aim of promoting better menstrual health.

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MH Fellow Sabna comes with significant experience working with a range of development issues. A co-founder of Project Sakhi Saheli, which aims to combat period poverty and break menstrual taboos, Sabna has, in the past, worked on the issue of menstruation in urban slums of Delhi with women and adolescent girls. She and her team also released MenstraBook, with menstrastories and organised Menstra Tlk in the Delhi School of Social Work to create more conversations on menstruation.

With YKA MHM Fellow Vineet, Sabna launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society. As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

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A student from Delhi School of Social work, Vineet is a part of Project Sakhi Saheli, an initiative by the students of Delhi school of Social Work to create awareness on Menstrual Health and combat Period Poverty. Along with MHM Action Fellow Sabna, Vineet launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society.

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A native of Bhagalpur district – Bihar, Shalini Jha believes in equal rights for all genders and wants to work for a gender-equal and just society. In the past she’s had a year-long association as a community leader with Haiyya: Organise for Action’s Health Over Stigma campaign. She’s pursuing a Master’s in Literature with Ambedkar University, Delhi and as an MHM Fellow with YKA, recently launched ‘Project अल्हड़ (Alharh)’.

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As a Youth Ki Awaaz Menstrual Health Fellow, Nitisha has started Let’s Talk Period, a campaign to mobilise young people to switch to sustainable period products. She says, “80 lakh women in Delhi use non-biodegradable sanitary products, generate 3000 tonnes of menstrual waste, that takes 500-800 years to decompose; which in turn contributes to the health issues of all menstruators, increased burden of waste management on the city and harmful living environment for all citizens.

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A former Assistant Secretary with the Ministry of Women and Child Development in West Bengal for three months, Lakshmi Bhavya has been championing the cause of menstrual hygiene in her district. By associating herself with the Lalana Campaign, a holistic menstrual hygiene awareness campaign which is conducted by the Anahat NGO, Lakshmi has been slowly breaking taboos when it comes to periods and menstrual hygiene.

A Gender Rights Activist working with the tribal and marginalized communities in india, Srilekha is a PhD scholar working on understanding body and sexuality among tribal girls, to fill the gaps in research around indigenous women and their stories. Srilekha has worked extensively at the grassroots level with community based organisations, through several advocacy initiatives around Gender, Mental Health, Menstrual Hygiene and Sexual and Reproductive Health Rights (SRHR) for the indigenous in Jharkhand, over the last 6 years.

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A Guwahati-based college student pursuing her Masters in Tata Institute of Social Sciences, Bidisha started the #BleedwithDignity campaign on the technology platform, demanding that the Government of Assam install
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